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Insufficient Proof for Application of the Special Facts Rule
In Rocky Point Drive-in v. Town of Brookhaven, 21 N.Y.3d 729, the Court of Appeals affirmed the long-established rule that where a zoning law is amended after the submission of an application for land use approval, but before a decision is rendered on the application, the courts are bound to apply the amended law.
Background
The centerpiece of the Rocky Point appeal was the plaintiff's assertion that the “special facts” exception to this general rule should have applied. Under this exception, the amended law will be found inapplicable when the applicant establishes both that: 1) it was entitled to a permit as a matter of right by virtue of its full compliance with the permit requirements under the law in effect at the time of the application and that proper action upon the permit by the municipal entity would have given the applicant time to acquire a vested right; and 2) the reviewing municipal board unduly and deliberately delayed the application as a result of bad faith, malice, oppression, manipulation or corruption. See, e.g. Alscot Investing Corp. v. Inc. Vill. of Rockville Centre, 64 N.Y.2d 921, aff'g, 99 A.D.2d 754; Mascony Transp. & Ferry Serv. Inc., v. Richmond, 49 N.Y.2d 969, aff'g, 71 A.D.2d 826; Pokoik v. Silsdorf, 40 N.Y.2d 769.
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